Alvey v. Commonwealth

OPINION OF THE COURT

This is an appeal from a motion to vacate judgment pursuant to RCr 11.42. The Court of Appeals affirmed the judgment. We granted discretionary review to be heard at oral argument with six other cases which, in part, involved similar questions regarding post-conviction relief. The principal opinion is Gross v. Commonwealth, Ky., 648 S.W.2d 853 (1983) published this day. So much of that opinion as is disposi-tive of issues raised on this appeal is incorporated herein by reference.

There are certain differences between the present case and Gross which is an attack on the…